Terms of Use

MECLAS is governed by the following principles. All licence holders of the tool must agree to these principles when buying licence rights to the MECLAS tool:

MECLAS follows classification guidance and implements it in accordance with the legal ruling and provided technical guidance (ECHA, UN). For the EU, MECLAS will not deviate from the proposed CLP guidance unless ECHA agrees to the proposed deviations approach. The MECLAS tool will be adapted to the classification ruling when necessary. MECLAS classifies and ranks ERV-TRV data according to quality and following a strict procedure. New higher quality information overrules older or lower quality info after assessment by the quality control committee ERVs and TRVs are never made public unless the consortia provides explicit written agreement to do so. All consortia and company-specific RCS are stored on (a protected part of) the MECLAS server enabling any changes to the classification system, ERV or TRV values to be made automatically and on an immediate basis. 

The parties to this agreement are ARCHE cvba/Eurometaux, hereinafter referred to as "Licensor " and the MECLAS software end-user hereinafter referred to as "Licensee".

1. Grants

-       The License is limited to the Licensee.

-       The Licensor grants Licensee a limited, non-exclusive, non-transferable License to access the Software Product over the Internet at the Licensor's website during the agreed Subscription Period, and the Licensee accepts this License  upon the terms and conditions set forth herein.

-       This License shall commence upon the initial log-in to the Software Product by the Licensee.

-       The Licensee's use of the Data is limited to evaluating the hazards and regulatory impact of chemical names included in the Data, except as expressly stated within this Agreement.

2. Ownership; Copyright; Restrictions

-       The Licensor is the sole and exclusive owner of the Software Product and Data, except as expressly stated within this Agreement.

-       Consortia share ERV/TRV’s on a free basis as part of the License agreement and retain ownership of this info if confidentiality applies. ERV/TRV info remains confidential for other License holders unless the owner releases confidentiality or confidentiality is released for other reasons.

-          Consortia Licensees maintain ownership of Reference sample composition and classification.

-          Company Licensees maintain ownership of company-specific classification scenarios.

-       This License  is NOT a sale of the Software Product or Data. The Licensor shall at all times retain ownership of the Software Product and Data, except as expressly stated within this Agreement.

-       The Licensee may not loan, rent, sell, lease or distribute the Data or subset of the Data, except as expressly stated within this Agreement.

-       The Licensee may NOT transfer this License to anyone without the prior written consent of the Licensor.

3. Termination.

The License is effective until terminated by the Licensor. The Licensor reserves the right to terminate this License if the Licensee fails to comply with the terms and conditions herein.

4. Limited warranty; limitation of liability

-       The Data contains a compilation of information from selected sources. The Licensor has taken steps to ensure the accuracy of Data. ERV/TRVs are screened for quality, priority and relevance by the quality control group and put into a database that is only accessible by/visible to the MECLAS quality control group, to ensure confidentiality. However, the Licensee recognizes that the nature and scope of the Data are such that errors of fact, omission, and judgment cannot be completely excluded. The Licensor expressly disclaims any liability for all errors.

-       During the Subscription Period, the Licensor guarantees that (a) the Software Product will perform substantially in accordance with its documentation, and that (b) the Data will substantially represent the information in the sources given in the documentation. The Licensee's remedy under this Limited Warranty is that the Licensor will undertake to correct within a reasonable period of time any reported errors (failure of the Software Product to perform substantially the functions described in the documentation or mistakes in the documentation), and Data errors (failure of Data to substantially represent the information in the sources' documentation).

-       The Licensor does NOT warrant that the Software Product or Data will meet the Licensee's requirements that either will be error free, that all errors will be corrected, or that the operation of the Software Product or Data will be uninterrupted.

-       The Licensor disclaims any and all warranties respecting the use (or results of such use) or misuse of the software product and/or data, and makes no implied warranties of merchantability or fitness for a particular purpose. Regardless of whether any remedy set forth herein fails in its essential purpose, in no event shall the Licensor be liable for any special, indirect, exemplary, incidental, or consequential damages arising out of or otherwise relating to use, misuse, performance of the software product or data, where provided, breach of warranty, breach of contract, negligence or any other legal theory, however caused, even if the Licensor has been advised of the possibility or likelihood of such damages. The cumulative liability of the Licensor, whether in contract, in tort (including negligence and strict liability) or otherwise, shall be limited to the license  fees paid by the Licensee to the Licensor.

5. Maintenance and Support.

- During the Subscription Period, the Licensor will not provide free email support. Only funding members get free email support.

6. General Conditions.

- The validity and performance of this License will be governed by Belgian laws.